in 2011, he hung by his teeth 250 feet in the air. the >> shannon: we'll see you right here on fox this weekend. "happening now" starts right no now. >> jon: as we await the judges verdict and the trial of a man accused of manslaughter for encouraging her boyfriend to kill himself. michelle carter is charged with involuntary manslaughter for sending comrade roy a series of text messages back in 2014, urging him to commit suicide. police later discovered him inside his pickup truck instead of carbon monoxide poisoning. if convicted, carter could face up to 20 years in prison. michelle carter waived her right to a jury trial, a strategic move, to be sure. we are expecting the judge to

announce his verdict very shortly. carter's defense attorney is saying that her text messages are protected speech and his social media profiles should shed light on his death, that he is the sole cause of death. we'll be reading of the verdict as soon as the judge renders it. >> heather: we are awaiting thes alert, an update on congressman steve scalise who remains incredible condition inside a washington hospital as republican and democratic colleagues came together last night for an all-american show of unity. >> heather: hello everyone, i'm heather childers. >> gregg: i'm gregg jarrett. lawmakers offering prayers and

support for the field and president trump even sending his encouragement from the white house. the >> by playing tonight, you are showing the world that we will not be intimidated by threats, acts of violence, or assaults on our democracy. the game will go on. >> gregg: and go on a dated. with "the star-spangled banner" taking on a very special meanin meaning. ♪ >> heather: an extraordinary night at the ballpark and here is the wrap of the game and congressman scalise's condition. >> for the first time since steve's glaze was hospitalized, we got our first tidbit, just a smidgen of good news and it comes in the form of a statement released by the hospital last night. it says earlier today steve's

glaze underwent a second surgery related to his internal injuries and a broken bone in his leg. he remains in critical condition, but has improved in the last 24 hours. the congress men will require additional operations and will be in the hospital for some time at the request of the family, we'll continue to provide periodic updates. that was over 12 hours ago and no updates from the hospital since then, but from our capitol hill producer who has a lot of great sources who know steve's lease very well, he's getting frequent updates about the congressman's condition from nonhospital sources and he is telling us that speed 21 appears to be doing slightly better, no official change in his condition yet. fox is told that doctors may give a speech in one a day or so a rest after two rounds of surgeries, but they could go back in today. foxes told additional surgeries may be to fix other things, that's why they would wait a da day. now they are considering other things indicates a minor improvement in his condition,

but still critical. i text of the hospital morning about whether or not scalise was able to watch the game last night, no response from them, but if he was able to watch the game, he would have obviously had to have been very inspired by the appearance of officer david bailey who was injured in the attack and is credited with bringing down the gunman. he threw out the first pitch last night, you can see him on crutches, a true hero in this game. it was a tremendously emotional moment. lastly, we have heard from the widow of the gunmen james hodgkinson at an impromptu press conference with reporters yesterday. she refused to answer any questions about her husband's politics and whether they may have motivated this shooting. she told him that he went to washington last winter to work on tax reform, unchanging tax categories in a very obscure reference to that. she was also asked about the people that her husband shot. here's what she had to say. >> is there anything you want to

send to the victims were shot? >> i don't even know who was shot. i haven't -- no, no. i'm sorry that he did this, but there's nothing i can do about it. >> she will obviously be a pivotal influence in helping the fbi piece together what led up to this attack. >> heather: we are thankful he is doing a lot better. thank you so much. >> gregg: just hours after that show of unity, president trump heading to miami. he's in route right now with florida senator marco rubio and vice president pence will be joining them there. he is said to deliver remarks sometime this afternoon. he'll be talking about cuba. he intends to begin rolling back some of president obama's major policies toward normalizing relations. kevin corke joins us now from miami with more on that. new developments in this special counsel's investigation as well. >> right on the money. the president, making his way

here to the magic city of miami. the little havana section of the city where he is expected to make remarks of -- the major elements relay center and trying to get the money from u.s. tourism and businesses into the hands of the cuban people themselves and not simply help the cuban government. in particular, there is a great effort to make certain that that money does not flow to the cuban military. there are also going to push for more religious freedom, more access to the internet, and the release of additional political prisoners. >> this is very exciting for the cuban people. our unity is with the cuban people, not the oppressive cuban regime that has benefited from these changes in the obama administration policy that help the military they are benefit

from u.s. survived funds. that has to stop. >> also today, there are reports that as the probe into a so-called russian meddling in the 2016 campaign note continues. investigators are said to be looking into the finances of jared kushner. and a statement, his team said the following, we don't know what this report refers to. it would be standard practice for the special counsel to examine financial records to look for anything related to russia. mr. kushner previously volunteered to share with congress what he knows about russian related matters. he will do the same if he is contacted in connection with any other inquiry. i should also pass this along. you might find this interesting. we learned today the president will in fact back away from a campaign promise to send dreamers back home. those of the children of people who came here unlawfully or overstayed their visas. those folks will be staying in the usa. back to you. >> gregg: kevin, thanks very

much. >> heather: politics will always be a tough business, but the attack on her public and lawmakers that left congressman steve scalise in critical condition has brought out a spirit of unity, at least temporarily that washington has not seen in years. it was on full display at last night's football game for both the house leaders and senate leaders. they stood together in support of their severely injured colleague. >> steve's glaze is a lovely person, but this game is a game where we always come to have fu fun. we hope that our team wins. tonight, we are all team scalis scalise. >> what we are trying to do is tone down the rhetoric and lead by example and show people that we can disagree with one another, we can have different ideas without being vitriolic, without going to such extremes. >> heather: i'm joined by glenn hall, u.s. news editor for "the wall street journal." thank you so much for joining us. first of all, your thoughts on

last night and seeing everyone there together in the show of unity. >> i think it was really good for congress and good for their constituents to see that they can actually come together and be civil with each other and as paul ryan was saying, not have such a high level of vitriol coming out. i think it was a very good moment and it was nice to see. >> heather: they all took a knee at second base annealed. that's where steve scalise was shot. how can we make this continue? >> that's up to the leaders of both parties. we saw nancy pelosi from the democrats and paul ryan from republicans representing the house, sitting down together. if they continue to have that level of leadership, showing that they intend to tamp down the highly vitriolic rhetoric and work more on agreeing to disagree or finding common ground where possible, i think that's where it all starts.

>> heather: we've seen this before and it has not lasted very long. even following 9/11. >> we have to acknowledge that within both parties themselves, there is disagreement and discord. >> heather: health care with republicans right now. >> absolutely. have a challenge between more conservative members trying to figure out where their compromise is. you see within the democrats, a much more liberal wing emerging and influence and more moderate wing to find its way. >> heather: as a result of this, and part, we have a lot of these unnamed sources that keep coming out. the most recent being that jared kushner has business dealings that are now under investigation. how do you deal with these unnamed sources? every day, we're hearing from them. >> different medias getting different skills at different times.

at "the wall street journal," we are very careful with our sources. we vet them very carefully at wing try to make sure we understand why they're talking to us. are they in a position to know what they are telling us and can we corroborate that information through other means? the challenge and all this is of the official sources are not yet ready to tell us what's going on, but there is a desire to keep the readers an audience and viewers informed about what is happening, what is the state at play and to put context in. we see the president tweeting about things, we see other people talking about things and we are trying to help people understand is going on. >> heather: the context being the key there because viewers or readers at home, they don't know who supply the information, so they don't know their background, if they have a reason to be swaying their opinion one way or the other. >> that's always a challenge here. certainly we want whenever possible to have the horses mouth be telling us exactly what's going on. in a case like the investigation, what you want to know what they're looking at, you want to find out where they're looking, but it doesn't necessarily -- looking at something doesn't mean they're going to find something.

>> heather: and on the issue being investigate for firing comey. >> where most of these sources are focused on, trying to get information out, also us trying to get information extracted. the challenge here is are they looking here or there, and the information starts to leak out because the people who are being talked to are saying, they called me. we need to look into that and find out where they're heading. i'm sure that information is leaking out, but it's going to happen in such a high profile case. >> heather: thank you so much for joining us. >> gregg: this is a fox news alert. want to go quickly inside the courtroom without young woman you see on the screen, her name is michelle carter, stands accused of involuntary manslaughter for sending

hundreds of text messages to her boyfriend, urging him to kill himself. he did and now the judge, there is no jury waived -- the judge is reading his decision, let's listen. >> there is a duty to take reasonable steps to alleviate the risk. the reckless failure to fulfill this duty can result and a charge of manslaughter. knowing that mr. roy is in the truck, knowing the condition of the truck, knowing or at least having a state of mind that 15 minutes would pass, ms. carter takes no action. in the furtherance of the duty that she has created by instructing mr. roy to get back into the truck. she admits in a subsequent text that she did nothing.

she did not call the police or mr. roy's family. she knew his location, again according to a text that she sent, as being at the kmart plaza. according to one of her emails, and other -- i'm sorry, according to other credible evidence, police officers who testified, the location where mr. roy's truck was located was approximately one half mile from the public services office from the fire department and police department. she did not notify his mother or his sister. even though just several days before that, she had requested their phone numbers from mr. roy and had obtained them and had

opened a line of communication on july 10th, just a few days before the events in question. she called no one. finally, she did not issue a simple additional instruction. get out of the truck. consequently, this court has found that it is proven without a reasonable doubt that ms. carter's actions and her failure to act where she had a self-created duty to mr. roy since she had put him into that toxic environment constituted each and all wanted and reckless conduct. this court further finds that it is proven beyond a reasonable doubt that said conduct caused the death of mr. roy.

this court does not find that the intentionality necessary for such wanton and reckless conduct is obviated by dr. breggin's theory of involuntary intoxication. as the court did not find that analysis correct. ms. carter, please stand. this court, having reviewed the evidence and applied the laws thereto now find you guilty on the indictment charging you with the involuntary manslaughter of the person conrad roy the third. this court further finds that the cobalt has proven beyond a reasonable doubt that you are a youthful offender and you are judged so at this time. you may be seated, that verdict is not recorded and it in writing as well.

do you wish to be heard? sentencing is not appropriate at this time, chapter 119 requires that a presentencing report be prepared and given to the judge before sentencing can be enclosed. [indistinct] >> gregg: the judge has found this young woman guilty. she sent a myriad of text messages to her boyfriend encouraging him to kill himself. he had strong a pipe fixed with carbon monoxide into his truck and he sat there and he died. her messages to him right before hand were get back in your truck. another one, i thought you wanted to do this, just do it. even though there is no crime in

the state of massachusetts that criminalizes assisted suicide, there is involuntary manslaughter which is reckless behavior causing somebody else's death and the judge so found. let's go live to massachusetts. molly, was the strategic decision not to use a jury, thought maybe the judge would construe the law in her favor, he did not. >> one of the theories bear in that decision is that it would take some of the emotion out of this trial that could have been played out before a big trial with a large jury. in fact, the judge did it many times say we don't need to play that in open court. i'll take a look at it later in chambers. i'll review all of this evidence. and i sense, it didst be the trial and push it forward. now he has made its determination of guilty and one of the things that he kept hammering and on as he was explaining how he reached the decision wasn't wanton and reckless behavior.

ms. carter was accused of involuntary manslaughter and that was a key part of this case. she had to know what she was doing and press forward and he makes the argument, the judge that this was all put into his hands, he makes the argument that she knew it she was doing. her actions crated the situation and there was a particularly key point, a key text throughout the quarter of this trial that he referred to. that was a text between herself and a friend of hers, a friend named sam which months later, she acknowledged to her friend sam what she believed she had done. this is the text. she said in this text, sam, his death is my fault, let's honestly, i could have stopped him. i was on the phone with him and he got out of the car because it was working and he got scared and i told him to get back in at because i knew he would do it all over again the next day and i couldn't have him live the way he was living anymore. i couldn't do it and i wouldn't let him.

prosecutors really hammered home on that point. the final moments of his life when conrad roy reach out to michelle carter, she told him in essence to get back in the vehicle. the judge argues that she understood the toxic environment of that vehicle. throughout the course of a trial, prosecutors made the argument that she helped him create that toxic environment. offering suggestions. in fact, towards the end of his life in the days prior, she mocked him. on the actual day of his death, here's an exchange between the two, michelle carter and conrad roy. she says, you can't think about it, you just have to do it. you said you're going to do it. i don't get why you aren't. he replies, i don't get it either, i don't know. i guess you are going to do it then, all that for nothing. i'm just confused. you are so ready and determined. he replied, i am going to eventually, i don't know what i'm waiting for, but i have everything lined up. later in the day, she actually asked roy to promise that he

would do it that day. he did, she told him, you can't break a promise and he -- she suggested find a parking lot. that is what we know he did. >> gregg: thanks very much. let's go to our two guests, both of them lawyers. fred, let me start with you. the defense will appeal, the lawyers will probably argue a couple of things. first, she doesn't really have a duty of due care to him, they're not in the same location. second of all, he is the sole proximate cause of his own death, not her and you have to show causation. what do you think? >> both of those are still losers. i have four sons between the ages of 15-22. i find this woman's contact stomach conduct disgraceful.

you have to show that her conduct was reckless or wanton and also, when he did it, he found that she, by creating the conditions created a duty that she violated. and allow, if you create the duty, you can't violate it. the fact of the matter is, you don't have to show causation. you have to show that it was reckless and even unintentional, but it's reasonably foreseeable, knowing that a young man wants to commit suicide and you tell him to go ahead and do it that is a can tripping factor. i think that's enough. >> gregg: actually, you can't just look at one or two texts coming up to look at the whole body of texts in which you find is that at one point in time, she encouraged him to get help, she said come with me, we'll get therapy together and he refused to do that. at one point, he proposed a romeo, juliet style double suicide, those were his words and she said no, we are not going to die.

doesn't that diminish the argument that her texts at the very end caused his death? >> it completely. while i agree with fred that this is tragic and what she did was awful, i don't think it's criminal. i don't think it rises to the level of criminality. i don't think it rises to the level of what she did creating her own self-made duty. there is no duty of care here. she did not owe him a duty of care. just by texting him and being his friend and all these examples of all the different texts, some of them are good, some were bad. that doesn't rise to the level of creating a duty for her to actually stop him from going through with this. we have two very troubled people who had a toxic environment. that doesn't cause this accident. that doesn't cause him from taking his death. he took his life. he caused the death, she didn't. >> gregg: the other argument

is that you took no active participation, physically in his suicide. no act other than speech. are we going to criminalize speech and is not a violation of the first amendment? you're going to stick around because we are also waiting for a verdict in the bill cosby sexual assault trial, so as soon as that happens, if it happens, could be a deadlocked jury and a mistrial. we'll wait and see. will be coming back to you. >> heather: as we wait for that, another fox news alert. the manhunt is now over 42 escaped inmates accused of killing two corrections officers during their escape tuesday in georgia. a multistate search ended as the men went on a spree that authorities say involved stealing several cars. the break came when they were spotted in one of those stolen cars in tennessee yesterday. after a high-speed chase, the

inmates ran into the woods. a vigilant vocal home owner spotted the pair. >> at one time, the home owner stepped out and held the people there by gunpoint until and under a neighbor came to assist him. we are very thankful that the cooperation from the home owners led to this today. >> heather: sergeant christopher monica and sergeant curtis ballou were killed during tuesday's escape. >> gregg: new information on a controversial upcoming television interview, conspiracy theorist alex jones, releasing an unedited version of his interview with megyn kelly which is set to air on nbc this weekend. the talk radio host is claiming that the sandy hook school shooting was a hoax. jones saying on his website that the full interview will be available to counter kelly's report which he's calls of fraud. let's bring in our panel.

jimmy miller and emily distinction joins us. good to see you both. does megyn kelly have a good point in the face of severe criticism that you're just giving a conspiracy theorist a platform by saying, we may not agree with the things he says, but he has a pretty substantial audience. he says controversial things, he needs to be confronted about those things. >> i don't think that's her intention. if you look at the tape that alex jones released on thursday night about their schmoozing before the interview, she says, at least according to the case that he is released that this is not going to be a gotcha interview. all i can say is i hope megyn kelly asked tougher questions that she did of vladimir putin.

i don't think it's wise in our highly polarized environment where we have people shooting congressmen and senators on baseball fields to turn around and give a platform to a man who is a conspiracy theorist. and giving great pain to the people of the families. >> gregg: let me quickly read nbc's response to this. despite alex jones efforts to distract from and ultimately prevent the airing of our report, we remain committed to giving viewers context and insight into a controversial and polarizing figure, how he relates to the president of the united states and influences others and to getting this serious story right. tune in on sunday. the last part is there plug for viewers and readings and revenu revenue. who is right in this debate? >> this is a really tough

question. i want to say that i do disagre disagree. it's sort of unfortunate that alex jones has the president's ear, but the fact of the matter is that he does and i think that's almost unprecedented to have someone who is on the french as much as alex jones is. it has influence on the president. i don't already has that much influence, but the president would talk to him during the campaign from all accounts. i think that is very wise and important for megyn kelly to be asking tough questions. i hope that she actually asks the tough questions because there is a little bit of a contradiction between the statements she put out and what we heard in the recording. she's in a tough situation either way, but it is important to ask serious questions. >> gregg: stick around for a moment. we are going to pause. we have much more to get to, including the senate health care plan. what it means for the g.o.p. effort to replace and repeal obamacare, plus as the

white house pushes back against a steady stream of leaks and anonymously sourced stories, a new warning from doj second-in-command rod rosenstei rosenstein. but first, here's the attorney general, jeff sessions. >> we cannot have persons in our intelligence agencies, our investigative agencies, or in congress leaking sensitive information. ♪ sorry about the holdup, folks. we have some congestion on the runway and i'm being told it'll be another 15, maybe 20 minutes,

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>> gregg: right now, president trump weighing in on them mueller investigation tweeting this morning, the fake news media hates when i use what has turned out to be my very powerful social media. over 100 million people. i can go around them. probably meeting go around the media. after seven months of investigations and committee hearings about my collusion with the russians, nobody has been able to show any proof. sad. as a white house pushes back against an avalanche of stories are attributed to anonymous sources, empty attorney general, rod rosenstein, issuing a statement reading americans that should exercise caution before accepting these stories are attributed to anonymous officials, particularly when they do not identify with the country, little in the branch or agency of government with which the alleged sources supposedly are affiliated. americans that should be skeptical about anonymous allegation. the department of justice has a

long and established policy to neither confirm nor deny such allegations. we are back now with our media panel. washington has always leaked like a leaky faucet, but now it's kind of gushing these days. what was rosenstein referring to? was he talking about "the washington post" story that said now mother is in -- mueller it's investigating? >> he's talking about all the stories we've seen recently that come from high-level leaks, either former officials confirmed by existing officials. we know how this game is played. you gets a buddy who has a grave or a grudge against the president, you leak information, and you ask him to go to her friend and government, but this is journalism and this is washington.

this is politics. the president knows how this game is played very well. that's why he uses twitter and where would we be without twitter because everything we know or a lot of what we know, we know from leaks and what he has set himself on twitter. the president does protest too much. it twitter has worked out very well for him. i understand his frustration. even jim comey, the man he fired says there's no evidence to collusion, but will have to see what miller says. >> gregg: it's interesting because the president yesterday tweeted that mueller is conflicted, making he has a conflict of interest. if you read the statute, he arguably does. now today, he's saying that rod rosenstein is conflicted. i'm being investigated for firing the fbi director by the man who told me to fire the fbi

director. witch hunt. he's clearly referring to rosenstein. rosenstein is going to be a key witness. isn't the president making a valid point? >> he is making a valid point and is one of those things where it's interesting that he calls it a witch hunt are looking at it and saying, that's an actual conflict of interest. people on the other side are saying, you're kind of right about that. it's an interesting situation. i think the press loves that trump is on twitter because we always get the articles about every single thing he tweets. the press loves that he is on twitter. >> gregg: obama was pretty aloof. i do want to put up the accusation levels at mueller yesterday. here is the trump tweet. he says, you are witnessing the single greatest witch hunt and

america political history by some very bad and conflicted people. that comes from the statute which says that if you have a personal relationship with somebody who is central to the case, james comey, you cannot serve as special counsel. does it appear to you that the president is trying to make the case that mueller is so conflicted, he should step down? >> i think we know that from earlier reporting that the president was thinking about firing mueller. >> gregg: he can't do that, only rosenstein can do that. >> that's what the journalist floated. president trump wanted to see if he could get away with that. he clearly knows he can't now. i understand his frustration, but this is not fake news. paul manna fort was fired.

attorney general sessions had to recuse himself because of his contact with the russians. mike flynn was fired for failing to report some income from the russians. again and again and again, the president can call this fake news all he wants, but until we get to the bottom of it and mueller has the say, this is going to continue in the leaks are going to continue and the president will remain on twitte twitter. >> gregg: it's known that mueller and comey have a long-standing relationship. think of it this way. if you are donald trump, he's saying to himself, wait a minute, is it fair to me as a potential defendant drove the prosecutor decide whether to prosecute me based on his close, good friends credibility, how is that fair to me? >> i think of the same time, it doesn't sort of betray -- the president is nervous about this.

when you look at michael flynn and paul manafort, i would expect that that's where any collusion will stop. that's something we saw in james comey's opening statement. he said if any of my satellites to anything wrong, we need to figure that out. i do think this effort to discredit and undermine mueller's not going to be beneficial for anybody. i think it was silly to leak that to the press. >> gregg: emily and judy, good to see you both. thank you. >> heather: there is other new twists on the russia probe. vice president mike pence hires outside legal counsel to represent him in the multiple investigations into russian interference in the 2016 elections. while the press -- lisa boothe is the founder of high noon strategies and joining us do and

will be simon rosenberg, he'll join us in a moment. >> how are you? >> heather: i'm great. let's tackle kushner first. i want to talk about him and how this will impact the president politically. >> that's to be seen. i'm not convinced that the investigation will have a huge impact on the 2018 elections because up until this point, we have no evidence of collusion. the former fbi director himself said the president was not under investigation for collusion and then you get to this that the possible obstruction of justice is being looked at. it was a former fbi director comey who said that no reasonable prosecutor would bring the case against hillary clinton. nobody's ever been prosecuted for using the word hoax. if you use his own logic, there

doesn't seem to be a case against president trump for objection of justice. until there is an actual shoe that drops, if that ever happens, i don't necessarily think that the political impact is going to be as big as the democratic party would like to hope. >> heather: jared kushner's lawyer spoke out and he said it would be standard practice for the special counsel to examine financial records, to look for anything related to russia. they're not concerned. >> i would caution this. as someone who wants for americans to regain trust and our institution, the special counsel is doing himself no favors by releasing leaks himself. who knows who it was on his team that released the objection of justice aspect, but i don't think he does himself any favors to have credibility in the eyes of a lot of americans. i think the media has done themselves no favors as evidence of recent polling that says

americans believe there is now fake news because there have been so many stories that have been false. i caution the special counsel to stop with these leaks, conduct the investigation, and allow americans to believe what he is doing is ethical and above boar board. >> heather: let's bring in simon rosenberg. thank you for joining us. you just heard, we are speaking about jared kushner and this leak, another unnamed source. he is now going to be under investigation with the special counsel. >> we are at the very beginning of this investigation. it could go on for a very long time if history plays its course, we could be another six months or a year until we really know what was being said earlier, we don't really know what happened. my view on this, if donald trump is innocent, why is he fighting so hard? he could have just said, i'm going to put all my cards on the

table, i'll testify right away. let's get this over with so i can move on and govern. that's not what's happening. he is acting guilty. he made an enormous mistake on how he's managed to this and has made it far worse for himself by drawing attention to it like he did today and multiple tweets, he should be trying to talk about anything other than this. >> he is so adamant that he is innocent. >> heather: let's talk with the vice president hiring his own attorney. >> i think there's a real issue here for pence. in the middle of november, a letter went through congress warning him that there were things that were up with flynn, there is no way that he did not know about this, the letter was directed to him personally from senior members of congress, that he needed to look into what was going on. he didn't do it and he caps on buddy who was at the time.

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ask your heart doctor about entresto. and help make tomorrow possible. ♪ you're only a day away. >> heather: breaking news. the chancellor credited with german reunification has died at the age of 87. his 16 year tenure was the longest or of any german chancellor and that lasted from 1982-1988. once again, helmut kohl has die died. >> gregg: jurors in the bill cosby sexual assault trial deliberating now for a fifth day. the panel requesting definition of reasonable doubt and asking to rehear parts of cosby's deposition testimony as they tried to break a deadlock. he is charged with drugging and

molesting a woman in 2014 at his home. he says it was all consensual. it let's bring in panel. ashley, more than 40 hours of deliberation, does this underscore how difficult it is to prove beyond a reasonable doubt and now they're asking for that definition. a case that is 13 years old that is essentially a he said she said? >> i was about to use those words. in these cases without some more evidence, jurors are reluctant to want to convict. they don't have anything beyond her saying that it happen this way and his testimony that it didn't. how can you find beyond a reasonable doubt something more? we have jurors who are getting smarter and smarter, they're more educated, they're watching news shows, crime dramas, real dramas and they're starting to question things and ask for more

evidence. with a home jury, that's a win for the defense. essentially, that is them saying that the government could not their job. this point, it's defenseless. >> gregg: the terrible burden in a he said she said beyond reasonable doubt, there is also, i've been following it pretty closely, she had continued contact repeatedly with bill cosby after the alleged assault. the defense is really arguing, that's not the behavior of a victim, but the behavior of somebody who is engaging in an affair with bill cosby. >> you are right. first off, sexual abuse is a terrible, terrible problem in this country and i don't want to undermine anyone's allegations, but you with the nail on the head. first of all, kevin steele who was a prosecutor, i'm known him since law school.

he puts on the best case he could in a he said she said that as a decade and a half old. the defense has done a great job of proving what you said. she went to the d.a.'s office and indicated that this took place in january and phone records show that she had 72 telephone calls to him from january at which time she changed her testimony to move the date of the occurrence. there's a lot there to create a reasonable doubt. i think you have jurors questioning it in a battle going on in that room. >> gregg: it will wait and see. we are on verdict watch there. fred and ashley, thank you. >> heather: we are winning president trump's arrival in miami, that's where he's set to announce revisions to president obama's cuba policy. that speech coming up shortly

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>> gregg: let's check out what's ahead on "outnumbered," top of the hour. kennedy and harris are standing by. >> harris: happy friday. we are waiting president trump in miami, florida, where he is a site rollback parts of former president obama's cuba policy and it's not the first time the president has targeted his predecessor's legacy. what is the effect it's having? >> kennedy: a rare kumbaya moment last night, but it appears not everyone is ready to play ball. nancy pelosi, slamming republicans during what was supposed to be a day of unity. >> harris: not even 24 hours. all that plus our #oneluckyguy

who is sitting right here. "outnumbered" top of the hour. >> gregg: thanks very much. >> heather: as he just heard, we are waiting president trump's speech on his cuba policy, the president is in route to write miami right now where he will deliver those remarks and start unwinding some of those policies towards normalizing wooden ships of cuba. we are live in miami with more. >> like most things about cuba here in south florida, it is emotional bowl stomach these people came out hours i had to wait president trump. you can see a number of older cuban-americans, strong trump supporters, many of them said they voted for trump because they want someone to get tough with the castro regime which they see as an oppressive dictatorship. many of the young cuban-americans say they are concerned after 50 years of a

stalemate, little progress has been seen. they are also saying these new restrictions are not as bad as they have feared. >> there's a lot here that people from both parties -- americans can still traverse a cuba and cuban-americans can still support their families. >> this time around under new restrictions, that could mean a treasury department audit for u.s. tourists. back to you in new york. >> heather: thanks so much. we'll be on it. >> gregg: you next hour of "happening now," we are going to bring your president trump's speech live as he looks to reset the obama administration's policy on cuba, said to take the podium shortly after 1:00 p.m. eastern time. we'll have it for you. plus, the death toll rises in that horrific high-rise fire in london. how did it start and why did it spread so very fast? will have the latest on the investigation make sure the germs they bring home don't stick around.

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it for us this hour, but we do have another big hour coming up, one hour from now. we're going to cover the president's speech live, unwinding president obama's cuba policies. >> heather: "outnumbered" starts right now. the >> harris: we begin with a fox news alert. the president is set to arrive in miami, florida, soon and he will deliver a speech on his plans to rollback some of president obama's changes to a u.s. cuba policy. we understand he will once again clamped down on trade and travel to the communist nation. this marks another one of president obama's key legacy items that the current president is reversing or revising. when president trump speaks, we will of course bring it to you live right here on fox news. in this fox news alert. news on the medical condition of house majority whip steve scalise, as he fights for his life after being shot during a baseball practice on wednesday. doctors are saying that he has shown some improvement in